2019 Nebraska Revised Statutes
Chapter 29 - CRIMINAL PROCEDURE
29-1919 Discovery; failure to comply; effect.
29-1919. Discovery; failure to comply; effect.
If, at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with sections 29-1912 to 29-1921 or an order issued pursuant to sections 29-1912 to 29-1921, the court may:
(1) Order such party to permit the discovery or inspection of materials not previously disclosed;
(2) Grant a continuance;
(3) Prohibit the party from calling a witness not disclosed or introducing in evidence the material not disclosed; or
(4) Enter such other order as it deems just under the circumstances.
Source
- Laws 1969, c. 235, § 8, p. 870;
- Laws 2019, LB496, § 9.
- Effective Date: September 1, 2019
Annotations
Under this section, on determination that a discovery order has not been complied with, the trial court has broad discretion to enter such other order as it deems just under the circumstances. State v. Surber, 221 Neb. 714, 380 N.W.2d 293 (1986).
Subsection (4) of section 29-1919, R.R.S.1943, allows a court to enter no order at all. State v. Vicars, 207 Neb. 325, 299 N.W.2d 421 (1980).
